Illegal Logging Us-Doj

Laws on Illegal Logging
ATTY. DANIEL M. NICER

LL.B., B.S. Biology, M.A. Urban Rgl. Planning
ASSISTANT SECRETARY, CESO II

DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
OUTLINE
I.
II.
III.
IV.
V.
Governing Principles and Policies;

Established Institutions and
Agencies;
Relevant Instruments, Processes or
Requirements;
Selected Prohibited Acts and
Penalties; and
Jurisprudence
Intellectual Property of ASec Daniel Darius M. Nicer, CESO II / Assistant Secretary for Internal Audit and Anti-
FOREST AND WATERSHED

Definition
Forest- refers to an ecosystem or an

assemblage of ecosystems dominated by
trees and other woody vegetation; a
community of plants and animals interacting
with one another and its physical
environment.
Watershed- refers to a land area drained by a
stream or fixed body of water and its
tributaries having a common outlet for
surface run-off. (Sec. 3.m. PD 705)
BENEFITS FROM FORESTS

Provisioning
Services
Food, medicine, fresh water, wood, fiber,
fodder, energy, etc.
Supporting Natural Processes
Biodiversity maintenance, pollination,
water filtration, production of
atmospheric oxygen, etc.
Regulating Environmental Processes
Water flow regime, soil erosion regulation, etc.
Extent of Forest Cover Loss in the 20th Century
70%
Source: Environmental Science for Social Change, 1999
18.3%
Land Classification, Philippines, 2006

(in Million ha.)
15.8 M
(52.7
%)
14.1 M
(47.3%
)
Alienable and Disposable and Private

Lands
Forestland/Timberland
Closed Forest
Mangrove
Intellectual Property of ASec Daniel Darius M. Nicer, CESO II / Assistant Secretary for Internal Audit
and Anti-
Forests in Alienable &

Disposable Lands
&
Private
BASIC FORESTRY LAW

PRESIDENTIAL
DECREE NO. 705, or

the Revised Forestry Code of the
Philippines
As amended by P.D. No. 1559, P.D.
No. 865, P.D. No. 1775, Batas
Pambansa (B.P.) Blg. 701, B.P. Blg.
83, Republic Act (R.A.) No. 7161,
Executive Order (E.O.) No. 277
I. Basic Principles and Policies
a. The multiple uses of forest lands shall be

oriented to the development and progress
requirements of the country, the advancement
of science and technology, and the public
welfare;
b. Land classification and survey shall be

systematized and hastened;
c. The establishment of wood-processing plants

shall be encouraged and rationalized; and
d. The protection, development and

rehabilitation of forest lands shall be
emphasized so as to ensure their continuity in
productive condition. Section 2, P.D. 705)
PROTECTION LAYERS/ZONES
A&D
FOREST LAND
PROTECTED AREAS
CRITICAL
HABITAT
S
MULTIPLE USE
ZONE
PRIVATE
CRITICAL
HABITATS
STRICT
PROTECTIO
N ZONE
II. ESTABLISHED INSTITUTIONS

1. FOREST MANAGEMENT BUREAU
(by virtue of Executive Order 192, 1987)
- provides advice to the DENR Secretary on
forest management, development,
conservation and protection; absorbed the
functions & the powers of the defunct Bureau
of Forest Development (est.1974)
2. DENR Regional Offices exercise line
functions & powers
III. Relevant Instruments,

Processes, Requirements
Under the 1987 Constitution:
-
Utilization of Forestry Resources may be
1. Directly by the State, or

2. The State entering into:
Joint-Venture Agreements
Production Sharing Agreements
Co-production
EXECUTIVE ORDER NO. 278 July 25, 1987

PRESCRIBING THE INTERIM PROCEDURES IN THE
PROCESSING AND APPROVAL OF APPLICATIONS FOR
THE DEVELOPMENT OR UTILIZATION OF
FORESTLANDS AND/OR FOREST RESOURCES
Sec. 4. Until Congress otherwise provides, the
Secretary of the Department of Environment and Natural
Resources is hereby authorized to negotiate and enter
into, for and in behalf of the Government, joint venture,
co-production, or production-sharing agreements for the
development or utilization of forestlands and/or forest
resources with any Filipino citizen, or corporation, or
association, at least sixty percentum (60%) of whose
capital is owned by Filipino citizens. Such agreements
may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and shall
conform with and include the minimum terms and
conditions prescribed in Section 5 hereof.
EXECUTIVE ORDER NO. 278 July 25, 1987

PRESCRIBING THE INTERIM PROCEDURES IN THE
PROCESSING AND APPROVAL OF APPLICATIONS FOR
THE DEVELOPMENT OR UTILIZATION OF
FORESTLANDS AND/OR FOREST RESOURCES
Sec. 5. Unless Congress otherwise provides, the following minimum terms and
conditions shall be incorporated in the co-production, joint venture, or productionsharing agreement:
(a) A provision that the agreement-holder shall furnish the necessary management,
technology, and financial services when required, as determined by the Secretary of
Environment and Natural Resources;
(b) A stipulated share of revenues and the manner of payment thereof;
(c) Provision on consultation and arbitration with respect to the interpretation of the
agreement;
(d) A provision for anti-pollution and environmental protection measures;
(e) A provision for the restoration and protection of the forest;
(f) A provision for an effective monitoring scheme to be implemented by the
Department which shall include, but shall not be limited to the periodic inspection of
all records and books of account of the agreement-holder;
(g) A commitment to community development; and
(h) The submission of a management and development plan to be approved by the
Secretary of Environment and Natural Resources.
Section 20-License
Agreement, License, Lease
or Permit
No person may utilize, exploit,
occupy, possess or conduct any
activity within any forest and
grazing land, or establish, install,
add and operate any wood or
forest products processing plant,
unless he had been authorized to
do under a license agreement,
license, lease or permit.
FORESTRY TENURE
INSTRUMENTS
Integrated Forest Management Agreement
(IFMA)
Community-Based Forest Mgt Agreement
(CBFMA)
Socialized Forest Management Agreement
(SIFMA)
Forest Land Grazing Management
Agreement (FLGMA)
Forest Land-use Agreement (FLAg)
Forest Land-use Agreement for Tourism
FORESTRY TENURE INSTRUMENTS

(PHASED-OUT)
Timber License Agreement (TLA)

Tree Farm Lease Agreement (TFLA)
Agro-Forestry Farm Lease Agreement

(AFFLA)
FORESTRY SHORT-TERM CONTRACTS &

PERMITS
Rattan Cutting Contract
Wood Processing Plant Permit
(operate sawmills, mini-sawmills, veneer &

plywood plant, etc)
Special Tree Cutting Permit

Special/Private Land Timber Permit
Wood Recovery Permit
Special Land Use Permit
Chainsaw Registration/Permit
Wood Import/Export Permit
Lumber Dealers Permit
TENURIAL INSTRUMENTS UNDER OTHER LAWS

NIPAS ACT PROTECTED AREA COMMUNITY BASED RESOURCE
MANAGEMENT AGREEMENT (PACBRMA)
IPRA CERTIFICATE OF ANCESTRAL DOMAINS TITLE (CADT)
CERTIFICATE OF ANCESTRAL LANDS TITLE (CALT)
APPROPRIATE TENURIAL
INSTRUMENTS
FOREST LAND
ALIENABLE &
DISPOSABLE
CRITICAL
HABITAT
S
PRIVATE
LANDS
PROTECTED AREAS
MULTIPLE USE
ZONE
CADT / CALT
STRICT
PROTECTIO
N ZONE
CRITICAL
HABITAT
S
LEGAL DOCUMENTS REQUIRED BY

FOREST LAWS
Documents for transport of logs/timber:
Computer generated Certificate of Timber

Origin, (DAO 2007-31)
Auxiliary invoices
Sales or commercial invoices
Log supply contract
Tally sheets, logs must be marked with
forest officers marking hatchet and
Timber Licensees Registered Private Log
Mark (Par. 7, DAO 34, Series of 1988)
Certificate of Transport Agreement
(Sec. 3. DAO 59, series of 1990 amended by
DAO 94-07)
LEGAL DOCUMENTS REQUIRED BY

FOREST LAWS
Documents for domestic transport of
minor forest products :
Certificate of Origin of Minor Forest

Products
Auxiliary invoice
Delivery Receipt
Certificate of Inspection (BFD Circular No.
8, series of 1983)
Certificate of Transport Agreement
(Sec. 3. DAO 59, series of 1990 amended by
DAO 94-07)
IV. PROHIBITED ACTS

AND PENALTIES
OFFENSES PUNISHABLE UNDER

SEC. 68 OF PD 705, AS AMENDED BY
EO 277, SERIES OF 1987:
1. Cutting, gathering, collecting or removing
of timber or other forest products from any
forest land without authority.
ELEMENTS:
a) there must be cutting, gathering, collecting or
removing of timber or other forest products
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land
c) the cutting, gathering, collecting or removing
without authority
OFFENSES PUNSIHABLE UNDER

2.Cutting, gathering, collecting or removing
of timber from alienable or disposable
public or from private land.
ELEMENTS:
a) there must be cutting, gathering, collecting or
removing of timber
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land.
c) the cutting, gathering, collecting or removing
without authority
OFFENSES PUNISHABLE UNDER

3. Possession of timber or other forest
products without the legal documents as
required under existing forest laws and
regulations
ELEMENTS:
a) Possession of timber (from Forest land) or
b) other forest products (from A&D or private land)
b) the possessor is without the legal
documents as required under existing
forest laws and regulations
PERSONS LIABLE UNDER SEC. 68

OF PD 705, AS AMENDED BY EO 277,
SERIES OF 1987:
the cutter
the gatherer
the collector
the remover
the possessor or any person who
appear to be responsible for the
commission of the offense
In case partnerships, associations, or
corporations, the officers who ordered
the cutting, gathering, collection or
possession
Penalties
Article
309 of the Revised Penal Code
1. The penalty ofprision mayorin its minimum and medium

periods, if the value of the thing stolen is more than 12,000
pesos but does not exceed 22,000 pesos, but if the value of
the thing stolen exceeds the latter amount the penalty shall
be the maximum period of the one prescribed in this
paragraph, and one year for each additional ten thousand
pesos, but the total of the penalty which may be imposed shall
not exceed twenty years. In such cases, and in connection
with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty
shall be termedprision mayororreclusion temporal, as the
case may be.
Penalties
Article
2. The penalty ofprision

correccionalin its medium and
of
maximum periods, if the value of the thing stolen is more than
6,000 pesos but does not exceed 12,000 pesos.
correccionalin its minimum and
of
medium periods, if the value of the property stolen is more
than 200 pesos but does not exceed 6,000 pesos.
Penalties
Article

correccionalin its medium and
of
maximum periods, if the value of the thing stolen is more than
6,000 pesos but does not exceed 12,000 pesos.
correccionalin its minimum and
of
medium periods, if the value of the property stolen is more
than 200 pesos but does not exceed 6,000 pesos.
Penalties
Article
The crime of theft shall be punished by the penalties next higher

by two degrees than those respectively specified in the next
preceding article, if committed by a domestic servant, or with
grave abuse of confidence, or if the property stolen is motor
vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on the occasion of
fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance. (As amended
byR.A. 120andB.P. Blg. 71, May 1, 1980).
RA 9175, OTHERWISE KNOWN AS

CHAINSAW ACT OF 2002
As Implemented by DAO 2003-24
Implementing Rules and Regulations of
Chainsaw Act of 2002
Persons authorized to own, possess

and use chainsaws. The DENR shall
issue a Certificate of Registration to
owners, possessor and/or users of
chainsaws to any of the following
categories:
Holder of TLA, IFMA, SIFMA, Private Land Tbr.

Permit/Special Land Timber Permit, CBFMA,
Industrial tree farmer Orchard or fruit tree
Farmer or other similar tenurial instrument
Licensed wood
processor
Anyone who shows satisfactory proof

that the possession and/or use of chainsaw
is for legal purpose
Agencies of the govt, GOCCs, that
use chainsaws in some aspect of their
functions
RA 9175 OTHERWISE KNOWN AS

Punishable acts:
Selling,Purchasing, Re-selling,
Transferring, Distributing or Possessing
a Chainsaw Without a Proper Permit (4 yrs 2 mos. 1 day to 6 years)
Unlawful importation or manufacturing of

Chainsaw (1 to 6 mos improisonment)
Tampering of Engine Serial Number (1 to 6 months)
Actual Unlawful Use of Chainsaw (6 yrs 1 day to 8 yrs)
RA 9175 OTHERWISE KNOWN AS

Chainsaws subject to confiscation:
Chainsaws sold, purchased, resold,
transferred, distributed, leased, rented, lent or
possessed without proper authority
Chainsaws possessed and actually used
to cut trees and timber in forest land or
elsewhere without a valid Certificate of
Registration
Chainsaws use as a tool or implement in
cutting , gathering , collecting, removing
and/or possessing timber or forest product
without legal documents
Administrative Authority of
the DENR Secretary
EO 277, Series of 1977 provides:
Section 2. PD No. 705, as amended is hereby further
amended by adding Section 68-A and 68-B which reads
as follows:
Section 68-A. Administrative Authority of the
Department
Head
or
His
Duly
Authorized
Representative to Order Confiscation. In all cases of
violation of this code or other forest laws, rules and
regulation, the Department Head or his duly authorized
representative may order the confiscation of any forest
products illegally cut, gathered, removed, or
possessed or abandoned and all conveyances used
either by land, water or air in the commission of the
offense and to dispose of the same in accordance with
pertinent laws, regulation or policies on the matter.
Other Persons Authorized to

Confiscate/ Seize
Forest Officer or Employee of the FMB
Personnel of PNP
Any agency, barangay or barrio official or
any qualified person to be deputized by the
Department Head
AFP
DENR Officers and other authorized
personnel of DENR, subject to some
limitations
Other persons and officers that may be
designated by the Department Head in the
exercise of his administrative authority
DAO 97-32,1997 Rules for the Administrative

Adjudication of Illegal Forest Products and the
Machinery, Equipment, Tools and Conveyances Used
in Connection Therewith
PROCESSESS INVOLVED:
- Apprehension
- Seizure
- Confiscation
- Forfeiture
Subject of Administrative
Confiscation/Seizure
Fruits of the crime
All conveyances, either by land,

water or air used in the
commission of the offense
All tools and equipment used in
committing the offense
General guidelines in
administrative
confiscation/seizure
Seizure
Sworn Affidavits
Scaling & Inventory
Safekeeping and Disposition
DENR
PNP, AFP, other govt agency
Filing a Complaint
Referral of Complaint
Prosecution of Offenses
Role of LGUs in Forest Protection and

Forest Law Enforcement (DENR-DILGLGU, Memorandum Circular 98-01
amended by MC 2003-01)
The following DENR functions have

been devolved to the LGUs are the
following:
Provinces enforcement of forest
laws, rules and regulation in
CBFP
areas, community watersheds and
communal forest
PROCESS FLOW: Apprehension
PROCESS FLOW: Seizure
PROCESS FLOW: Confiscation
Cities CBFM areas, community

watershed and communal forest
within the territorial jurisdiction of the
city
Barangays Barangay officials may
be deputized by the DENR as DENRO
Writ of Kalikasan
(A.M. No. 09-6-8-SC : Rules of Procedure for
Environmental Cases Effective April 29, 2010)
An ordinary citizen or a juridical entity, PO, NGO or
any public interest group can file a petition to the
Supreme Court or Stations of the Court of Appeals
that his/her right for a balance or healthful ecology
is being violated or threatened with the violation
of the law or omission or a public official or
employee or private individual entity involving
environmental damage with magnitude as to
prejudice the life, health or property of inhabitants
covering two or more cities or provinces.
Writ of Kalikasan,
2010
If the Petition is granted, it can direct
respondents to:
* permanently cease & desist from committing

acts or neglecting the performance of duty in
violation of environmental laws resulting in
environmental damage;
* public official, government agency, private
person or entity to protect, preserve,
rehabilitate or restore the environment;
monitor strict compliance with decisions or
orders of the courts; & make periodic reports
on the execution of the final judgment;
Green Courts, 2008

Supreme Court Administrative
Order No. 23-2008, January 08,
2008, Re: Designation of
Special Courts (list of courts) to
hear, decide and try
environment cases
V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon, Godofredo Arrozal and
Luis Flores ( GR No. L-46772, 1992)
Ownership is not an essential element of the offense (illegal

logging). The failure of the information to allege the true
owner of the forest products is not material; it was sufficient
that it alleged that the taking was without any authority or
license from the government.
JURISPRUDENCE (CONTD)
Forest
products or conveyances confiscated or

seized pursuant to P. D. 705 are in custodia legis
(Calub vs. Monsanto, et al., G. R. 105889, July
20, 1992, Appoendix V) and applied by the
Court of Appeals in Galeon vs. Hon. Getulio M.
Francisco, et. Al. (C.A. G.R. S.P. No. 29693, July
30, 1993).
Basis: The power of the DENR to seize or
confiscate undocumented forest products,
including conveyances is conferred by law,
namely: Sec. 68-A of P. D. 705.
Latest Issuances
EO 23
Section 2. Moratorium on the Cutting and Harvesting

of Timber in the Natural Forests A moratorium on the
cutting and harvesting of timber in the natural and residual
forests of the entire country is hereby declared unless
lifted after the effectivity of this Executive Order.
2.1 The DENR is x x x prohibited from issuing logging

contracts/agreements x x x such as IFMA, SIFMA, CBFMA and other
agreements/contracts with logging components in natural and
residual forests;
2.2 The DENR is likewise prohibited from issuing/renewing tree cutting
permits in all natural and residual forests nationwide, except for
clearing of road right of way by the DPWH, site preparation for tree
plantations, silvicultural treatment and similar activities, provided
that all logs derived from the said cutting permits shall be turned
over to the DENR for proper disposal. Tree cutting associated with
cultural practices pursuant to the indigenous Peoples Right Act
Latest Issuances
EO 23
2.5 The DENR shall close and not allow to
operate all sawmills, veneer plants and other
wood processing plants who are unable to
present proof of sustainable sources of legally
cut logs for a period of at least five (5) years
within one month from effectivity of this
Executive Order:
EO 26
Latest Issuances
Section 2. Coverage.The National

Greening Program shall plant some 1.5
Billion trees covering about 1.5 Million
hectares for a period of six (6) years from
2011 to 2016, in the following lands of the
public domain:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
Forestlands
Mangrove and protected areas
Ancestral domains
Civil and military reservations
Urban areas under the greening plan of the LGUs
Inactive and abandoned mine sites; and
Other suitable lands
Latest Issuances
EO 26
3.1.1 All students, identified by the DepEd and
CHED and all government employees shall be
individually required to plant a minimum of ten
(10) seedlings per year in areas determined by
the Convergence Initiative. Private sectors and
civil society groups shall likewise be
encouraged to participate in the NGP.
LET US FACE THE TASK

AHEAD
Remember
Our nation was forged in the fires of
conflict and oppression.
And our heroes bequethed to us a rare
and proud heritage of heroism and
supreme sacrifice.
Let Us Seize the Moment

Protect
our Forests and protect

our proud national heritage
every time an opportunity
comes.
Thank You
ASEC. DANIEL
NICER

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Laws on Illegal Logging

ATTY. DANIEL M. NICER

ASSISTANT SECRETARY, CESO II

Governing Principles and Policies;

FOREST AND WATERSHED

Forest- refers to an ecosystem or an

BENEFITS FROM FORESTS

Extent of Forest Cover Loss in the 20th Century

Land Classification, Philippines, 2006

Alienable and Disposable and Private

Forests in Alienable &

BASIC FORESTRY LAW

DECREE NO. 705, or

I. Basic Principles and Policies

a. The multiple uses of forest lands shall be

b. Land classification and survey shall be

c. The establishment of wood-processing plants

d. The protection, development and

II. ESTABLISHED INSTITUTIONS

III. Relevant Instruments,

Utilization of Forestry Resources may be

1. Directly by the State, or

EXECUTIVE ORDER NO. 278 July 25, 1987

EXECUTIVE ORDER NO. 278 July 25, 1987

FORESTRY TENURE INSTRUMENTS

Timber License Agreement (TLA)

Agro-Forestry Farm Lease Agreement

FORESTRY SHORT-TERM CONTRACTS &

(operate sawmills, mini-sawmills, veneer &

Special Tree Cutting Permit

TENURIAL INSTRUMENTS UNDER OTHER LAWS

LEGAL DOCUMENTS REQUIRED BY

Computer generated Certificate of Timber

LEGAL DOCUMENTS REQUIRED BY

Certificate of Origin of Minor Forest

IV. PROHIBITED ACTS

OFFENSES PUNISHABLE UNDER

OFFENSES PUNSIHABLE UNDER

OFFENSES PUNISHABLE UNDER

PERSONS LIABLE UNDER SEC. 68

309 of the Revised Penal Code

1. The penalty ofprision mayorin its minimum and medium

309 of the Revised Penal Code

2. The penalty ofprision

309 of the Revised Penal Code

2. The penalty ofprision

310 of the Revised Penal Code

The crime of theft shall be punished by the penalties next higher

RA 9175, OTHERWISE KNOWN AS

Persons authorized to own, possess

Holder of TLA, IFMA, SIFMA, Private Land Tbr.

Anyone who shows satisfactory proof

RA 9175 OTHERWISE KNOWN AS

Unlawful importation or manufacturing of

RA 9175 OTHERWISE KNOWN AS

Other Persons Authorized to

DAO 97-32,1997 Rules for the Administrative

Fruits of the crime

All conveyances, either by land,

Role of LGUs in Forest Protection and

The following DENR functions have

PROCESS FLOW: Apprehension

PROCESS FLOW: Seizure